TEHKUMMAH—The Township of Tehkummah Integrity Commissioner (IC) has ruled that no penalty could be imposed on the former reeve because he is no longer a member of council. This following a complaint by a member of council on November 1, 2022 due to the cancellation of a regularly scheduled council meeting in October 2022. However, the IC report says there was a violation of the code of conduct found in the notice cancelling the meeting.
In an executive summary filed by IC Zachary T. Courtemanche to council on September 19, 2023, he reported he received complaints alleging violations of the township’s code of conduct, specifically clauses 2,3,4,6 and 7 of the township’s code of conduct, ethics and values on November 1, 2022. The complaint named the then reeve, David Jaggard, and another individual, as respondents. The complaint made a series of allegations, which largely relate to issues in contacting the township; delays in responding to communications and remarks made at council meetings with regard to this delay; access to township offices by members of council; then-Reeve Jaggard’s lack of cooperation/participation on the scheduling of a special meeting; and improper meeting cancellation. In completing an inquiry into the complaint, the IC gathered documentary evidence (including emails, meeting minutes, a public notice and other applicable materials), interviewed the complainant, respondents and applicable witnesses in order to determine the facts underlying the issues in dispute. Interviews were scheduled commencing in November 2022.
“Several of the allegations were beyond the jurisdiction of the IC role, as defined by the Municipal Act,” wrote Mr. Courtemanche. “In the course of the IC’s review of the complaint and interviews with the relevant parties, it was confirmed that a second individual respondent was not a member of council nor was the individual a member of a local board during the times applicable to the complaint. To the extent that the complaint alleges violations of the code by this individual, those portions of the complaint are dismissed. Moreover, the cancellation of a meeting of council, as well as the calling of a special meeting by other members of council (cited by then-Reeve Jaggard in the cancellation), are matters which fall within the application and proper adherence to the township’s procedural bylaw. Accordingly, the IC is unable to make any finding with respect to the proper cancelling (or scheduling) of meetings.”
However, Mr. Courtemanche wrote, “A violation of the code of conduct is found in the notice cancelling the council meeting. A notice of that nature may cause an impact in view upon those about whom it is written. In particular, issues with the language of the notice could provide members of the township with an incorrect understanding of the actions taken by others.” “Regrettably, the notice was careless in its summary of these events and does not assist in the inspiring of the public’s trust in local government,” wrote Mr. Courtemanche.
However, he pointed out in the current circumstance, Mr. Jaggard is no longer a member of council, his term having ended shortly after the complaint was submitted. “As Mr. Jaggard is no longer a member of council, it does not appear that council can impose a reprimand or suspension of remuneration. Accordingly, no recommended penalty is being made.”
Current Tehkummah councillor Lorie Leeson (who had also been on the former council) had filed the complaint to the IC.
“I had a lot of concerns,” she said.
On September 29, 2022, near the end of the former council’s term, a meeting of council members (except for Reeve Jaggard) had been held to consider funding the township had received for work on the John Budd Park and Bowerman memorial trails. The meeting also included the economic development officer at the time, Shelba Millette.
It was right after the meeting of council on September 29 when then-Reeve Jaggard cancelled a regular council meeting scheduled for October 4. “The reeve cancelled the meeting on October 4 which would have been our last council meeting (prior to the municipal election). We handed in the minutes (of the September 29 meeting) at 3:45 Friday afternoon but were told the meeting for October 4 had been cancelled,” wrote Ms. Leeson. She pointed out the reasons given for cancelling the meeting were “pending legal counsel, ministry of municipal affairs and housing, integrity commissioner, ombudsman, other applicable municipal government agencies pending further information.”
“It was indicated that an emergency was created when members of council held a meeting for which no notice was given (the September 29 meeting) instead of waiting for a later scheduled meeting, but in fact it was a specified meeting that was called for clarity for the whole council, by the whole council,” wrote Ms. Leeson. She wrote at the time, “This notice was, and still is, posted on the door, office wall and website, etc. and everywhere posing questionable doubt that, with these allegations, it could quite possibly have people questioning the credibility of those running in the upcoming municipal election.”
The Expositor contacted the former reeve on the report, who said, “I was in attendance at the council meeting when the IC made his report to council. A lot of the complaints the IC doesn’t deal with.”
As for the cancellation of the meeting in October 2022, Mr. Jaggard explained the meeting had been cancelled under the authority of the procedure bylaw of March 28, 2019, section 3.7, “cancellation of council meeting” which states the reeve may cancel a meeting in an emergency. He says “the emergency” was created when members of council held a meeting for which no notice was given on September 29, 2022, instead of waiting until the regular monthly meeting that was scheduled five days later. He noted the special meeting had been suggested in an email to all of council by the former economic development officer who convinced the members of council to call the meeting and have it on their own.
Mr. Jaggard said the purpose and results of the meeting had to be investigated by the provincial authorities (previously noted in this story) and information provided. He said the decision to cancel had nothing to do with the upcoming election or leading people who read the notice to change their vote in the election.
“The special meeting had been encouraged by the EDO, who has been let go by Tehkummah,” said Mr. Jaggard. “They were trying to get a motion passed and I told them we already had a meeting scheduled for the next week where this could have all been discussed. Council had their meeting and had passed a motion for a contract to be awarded to a company.” He said the November meeting was cancelled as with the election being held, council couldn’t do anything significant at that point until the new council took over as they were in the “lame duck” period.
“I guess I should have provided a longer explanation on the actions of all the people involved in the process and why it was cancelled,” said Mr. Jaggard. “Council’s treatment of Barb (Griggs, treasurer) should be pointed out as well. They wanted to go in camera so members of the public would not know what council was saying.” He added, “I haven’t heard how much this report has cost the municipality.”
